- 1 - HC-KAR NC: 2025:KHC:33936 RSA No. 241 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 241 OF 2023 (DEC/INJ) BETWEEN: SRI. NARASIMHAIAH S/O PUTTAIAH AGED ABOUT 62 YEARS, R/AT LAKKENAHALLI, HULIYURU HOBLI C N HALLI TALUK, TUMKURU - 572 214. …APPELLANT (BY SRI. L. RAJANNA, ADVOCATE) AND: 1. SMT. PARVATHAMMA C/O SANNAHANUMAIAH AGED ABOUT 50 YEARS 2. SMT. UMADEVI C/O KARIYAPPA AGED ABOUT 49 YEARS 3. SMT. RATHNAMMA C/O SHIVANNA AGED ABOUT 50 YEARS ALL ARE R/AT LAKKENAHALLI HULIYARU HOBLI, C N HALLI TALUK, TUMKUR DISTRICT - 552 214. …RESPONDENTS (BY SRI. VEERESHA E, ADVOCATE FOR R1 TO R3) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33936 RSA No. 241 of 2023 THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.11.2022 PASSED IN RA.NO.3/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHIKKANAYAKANAHALLI. DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.11.2021 PASSED IN O.S.NO. 135/2017 ON THE FILE OF THE C/c. ADDITIONAL CIVIL JUDGE AND JMFC, CHIKKANAYAKANAHALLI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard on I.A.3/2025. The same is filed to withdraw the suit in O.S. No.135/2017. 2. Learned counsel for the contesting respondent has opposed the same by filing detailed written objections. 3. Plaintiff being the master of the suit, he is entitled to withdraw the suit despite the fact that in two courts he has suffered decree against him. Hence, I.A.3/2025 is allowed. Plaintiff is permitted to withdraw the suit. 4. Apprehension of the contesting respondent cannot be lost sight of while allowing I.A.3/2025. If a fresh suit is filed by - 3 - HC-KAR NC: 2025:KHC:33936 RSA No. 241 of 2023 the plaintiff, all possible defences available to the defendant is kept open to be urged including the question of limitation. 5. In view of along of I.A.3/2025, the present appeal dismissed. Sd/- (V SRISHANANDA) JUDGE YKL List No.: 1 Sl No.: 11 CT: BHK